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(영문) 창원지방법원 마산지원 2018.11.13 2018가단102709
소유권말소등기
Text

1. The Defendant received on May 3, 2007 from the Changwon District Court’s registration office with respect to the Plaintiff with respect to the Plaintiff’s 1,736m2 in Gyeong-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. On February 13, 1974, the Plaintiff completed the registration of ownership transfer on the ground of sale on January 29, 1974 with respect to 1,736 square meters (the Plaintiff was a 4-year parcel, and was merged on September 19, 2007; hereinafter “instant land”).

After marriage on July 22, 1977, the plaintiff moved to Daegu around February 18, 1978.

B. The Defendant, who is the Plaintiff, completed the registration of ownership transfer on May 3, 2007 with respect to the instant land based on “sale on March 15, 1994,” pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

hereinafter referred to as "transfer registration of ownership of this case"

(ii) [based on recognition] unsatisfy, Gap 1-7, 9, 11 (including paper numbers; hereinafter the same shall apply)

each entry, video, and the purport of the whole oral proceedings

2. Determination

(a) The presumption of registration of initial ownership or registration of transfer shall not be reversed unless it is proved that the registration completed under the Act on Special Measures is in conformity with the substantive rights and that the letter of guarantee or confirmation under the Act on Special Measures is false or forged or that the registration was not duly registered due to other reasons.

In this context, a false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation that does not fit the truth, and even if a person who has completed registration in accordance with the Act on Special Measures claims that he/she acquired a right in accordance with the other reason of acquisition even if he/she recognizes the fact that the reason of acquisition stated in the letter of guarantee or written confirmation is different from the fact, it is obvious that the registration in accordance with the Act on Special Measures for Special Measures for Special Measures for Special Measures cannot be completed, such as the case where the date of acquisition falls within the period of time when the application

Unless there are special circumstances, such as where it is obvious that it is a Gu in itself.

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